2018 QCCQ 13767, 2018 QCCQ 13767

Protection de la jeunesse — 184172 2018 QCCQ 13767 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-0 33822-180 Date: June 28, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2001 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother (deceased) -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) JD2620 WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of June 28, 2018, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , a seventeen year-old adolescent, based on his serious behavioural disturbances. [ 3 ] The facts alleged in support of the application dated April 10, 2018 are as follows: 3.1. the adolescent behaves in such a way as to repeatedly or seriously undermine the adolescent’s or others’ physical or psychological integrity and the adolescent objects to the steps taken by the father to put an end to the situation, more particularly but not restrictively in that:

a) in 2002, the father murdered the adolescent’s mother and subsequently was sentenced to life imprisonment;

b) the father served twelve (12) years in prison before being released;

c) the father now resides with the adolescent and the paternal grandmother;

d) the adolescent exhibits very concerning behaviours;

e) the adolescent is captivated by knives and weapons and owns a collection of these in his room;

f) on at least one (1) known occasion, the adolescent posted a video of himself with a knife on social media;

g) the adolescent reported that there is a running gag at his school that he is the student most likely to “shoot up” a school;

h) the adolescent has difficulty with self-esteem and knowing what is appropriate or not;

i) the adolescent is very immature and impulsive;

j) the adolescent has brought hard alcohol to school;

k) the adolescent admits that on at least one (1) known occasion, he consumed alcohol during his lunchbreak from school;

l) the school vice principal reported that on one (1) occasion, the police had to be called as the adolescent had threatened to hurt his friends as well as himself;

m) the adolescent has threatened to “shoot up the school”;

n) there are concerns about the adolescent’s handling of his mother’s death;

o) through conversations with X, the father has made attempts to process the adolescent behavioural issues as well as the fact that he murdered the mother;

p) the adolescent expressed resentment towards the father, however, otherwise has not opened up about his deeper issues (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to his paternal grandmother, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on [...], 2019. [ 5 ] Though duly informed of the hearing, the adolescent’s father was not present.

The worker testified that he agrees to the proposed measures and would like his son to receive counselling. [ 6 ] The adolescent, assisted by Me Legault, admitted the majority of the facts alleged and consented to the proposed measures. However, he denied making any serious threats and also denied having difficulty with self-esteem and knowing what is appropriate. [ 7 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Court Report, prepared by [Social Worker 1], dated June 20, 2018; D-2: Incident Report bearing #[…] (filed under

Article 292 C.p.c.); D-3: Birth Certificate; [ 8 ] In

summary, the adolescent acknowledges his serious behavioral disturbances and agrees to remain entrusted to his paternal grandmother who has raised him since infancy. She attested to her ongoing commitment to her grandson and confirmed her willingness to collaborate with social services. [ 9 ] The adolescent’s situation appears to have improved.

He is employed and is registered to attend CEGEP full-time in the fall. [ 10 ] Although he does not express the need for any kind of counselling, he is strongly encouraged to benefit from services in light of the loss he has suffered. [ 11 ] Consequently, given the admissions and consent expressed by the parties, the Court is satisfied that the application is well- founded and that the measures are in the adolescent's interest. THEREFORE, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and the development of the adolescent, X , are in danger under

section 38 (

f) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 14 ] ORDERS that the adolescent be entrusted to his paternal grandmother, Mrs.

Clara Genovese; [ 15 ] STRONGLY RECOMMENDS that the adolescent receive therapeutic/counselling services; [ 16 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and his family; [ 17 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 18 ] THE WHOLE until he reaches the age of majority, on [...], 2019. Signed on July 10, 2018

TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Edith Legault Attorney for the adolescent TD/vl